HomeMy WebLinkAbout20231151.tiffCheryl Hoffman
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Friday, May 19, 2023 2:24 PM
CM-ClerktoBoard; Tina Powell; CM-Communications-DeptHead
Fast Tracked Contract ID (7020)
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Contract # 7020 has been Fast Tracked to CM -Contract Maintenance.
You will be notified in the future based on the Contract information below:
Entity Name: COLORADO DEPT OF PUBLIC HEALTH/ENVIRONMENT Contract Name: AIR QUALITY EQUIPMENT
INSTALLATION Contract Amount: $0.00 Contract ID: 7020 Contract Lead: TPOWELL
Department: COMMUNICATIONS
Review Date: 1/1/2024
Renewable Contract: YES
Renew Date: 1/1/2025
Expiration Date:
Tyler Ref #:
Thank -you
RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR INSTALLATION OF AIR
QUALITY MONITORING EQUIPMENT AT PLATTEVILLE TOWER SITE
(18490 COUNTY ROAD 38, LASALLE, COLORADO) AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for the
Installation of Air Quality Monitoring Equipment at Platteville Tower Site (18490 County Road 38,
LaSalle, Colorado) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Safety
Communications, and the Colorado Department of Public Health and Environment, Division of Air
Quality Control, commencing upon full execution of signatures, and ending December 31, 2033,
with further terms and conditions being as stated in said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Understanding for the Installation of Air Quality
Monitoring Equipment at Platteville Tower Site (18490 County Road 38, LaSalle, Colorado)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Safety Communications,
and the Colorado Department of Public Health and Environment, Division of Air Quality Control,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
cc: cM(-rP)
°6/01/23
2023-1151
CM0029
MEMORANDUM OF UNDERSTANDING FOR INSTALLATION OF AIR QUALITY MONITORING
EQUIPMENT AT PLATTEVILLE TOWER SITE (18490 COUNTY ROAD 38, LASALLE,
COLORADO)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d11 W;l
Weld County Clerk to the Board
County A orney
Date of signature: OS/oI/23
Th.11.4,_
Mike F an, Chair
Pro-Tem
Scott K. James
=XCUSED
2023-1151
CM0029
COLORADO
Air Pollution Control Division
Department of %Mk Health b Environment
MEMORANDUM OF UNDERSTANDING
BETWEEN
Weld County
AND
Colorado Department of Public Health and Environment,
Air Pollution Control Division
for Air Quality Monitoring
I. PARTIES
This Memorandum of Understanding (MOU) is hereby entered into by:
• Weld County,
• Colorado Department of Public Health and Environment (CDPHE), Air Pollution
Control Division (APCD)
Together referred to as the "Signatory Parties" or "Parties."
Signatory parties to this MOU agree to work in a coordinated and mutually beneficial
manner, to support the air quality monitoring activities of CDPHE APCD in an effort to
gather acceptable data in accordance with the CDPHE APCD air quality monitoring
objectives.
IL PURPOSE
The purpose of this MOU is to outline the interests, benefits, and working relationship
between Weld County and the CDPHE APCD for ambient air quality monitoring. Possible
air quality parameters to be monitored include ozone, volatile organic compounds,
particulate matter, and meteorology. This MOU covers the development and operations of a
State and Local Air Monitoring Station located at 18490 CR 38 La Salle Colorado (latitude
40.2610 N, longitude 104.7058 W). This project is for the installation and operation of
various ambient air monitoring and meteorology equipment in a CDPHE APCD-owned
shelter located on Weld County property. The CDPHE APCD is monitoring ambient air
quality to develop a better conceptual understanding of ozone formation and transport in the
Denver Northern Front Range area and to better understand public exposures to ozone,
particulate matter, and volatile organic compounds. Weld County is furnishing the property
on which the monitoring is to take place.
Memorandum of Understanding
Between Weld County and CDPHE APCD for Air Quality Monitoring
III. STATEMENT OF MUTUAL INTERESTS AND BENEFITS
Interests and benefits common to all parties include but are not limited to:
1. Working collaboratively to mutually support investigations into local and regional air
quality issues;
2. Supporting efforts to collect air quality data that is of sufficient quality to be used in air
quality forecasting and public health notifications to local citizens;
3. Supporting efforts to collect air quality data that is of sufficient quality to be used in
regulatory decision -making and modeling investigations;
4. Supporting efforts to collect air quality data that can be used by researchers to further the
current body of knowledge of air quality issues along the Northern Front Range and
across Colorado.
IV. THE SIGNATORY PARTIES AGREE AS FOLLOWS
1. All parties recognize the benefits of coordination and cooperation to obtain accurate air
quality data.
2. Weld County will allow access to APCD staff and the installation of air quality
monitoring analyzers and samplers on 18490 CR 38 La Salle property at locations agreed
upon by both parties.
3. A volatile organic compound sampler will be installed in a CDPHE APCD-owned air
monitoring shelter and operated until at least December 31, 2033, or until terminated by
either party.
4. Upon request, the APCD will provide Weld County access to the ambient air quality
monitoring data collected at the site.
5. Site visits will be made weekly, or as needed, by APCD personnel, or APCD-authorized
personnel to change filters in the analyzers, collect data, calibrate, audit, maintain, and
repair the analyzers. APCD technicians and scientists will do analyzer/sampler audits,
cleanings, maintenance, repairs, and calibrations. APCD personnel and APCD authorized
personnel will operate the site and comply with all Weld County -provided rules, safety,
and security requirements.
6. The APCD will be financially responsible for the security, installation, operations,
repairs, replacement, and removal of CDPHE APCD-owned equipment.
7. The APCD will coordinate with an employee from Weld County Public Safety Wireless
to be present during trenching for electricity and installation of the shelter.
8. The APCD will notify Weld County Public Safety Wireless for any activity conducted by
or on behalf of APCD requiring use of heavy machinery.
9. The APCD shall obtain, maintain, and conform to all applicable Federal, State, County,
and Municipal licenses, permits, rules, regulations, and authorization required by law to
install, operate and maintain the site. The State of Colorado is self -insured for Liability,
Worker's Compensation, and State Property per the Risk Management Act according to
state, CRS 24-30-1501 et seq. Statutory limits of liability are referenced in the Colorado
Governmental Immunity Act (CGIA) under CRS 24-10-114 (a) & (b).
Memorandum of Understanding
Between Weld County and CDPHE APCD for Air Quality Monitoring 2
V. LIMITATIONS
1. Nothing in this MOU impairs or otherwise affects the authority of the heads of the
signatory party over their organizations.
2. This MOU is intended to outline an agreement among the parties and does not create or
confer any right or benefit on any person or party, private or public. Nothing in this MOU
is intended to restrict the authority of any signatory to act as provided by law or
regulation or to restrict any agency from enforcing any laws within its authority and
jurisdiction.
3. This MOU in no way restricts signatory parties from participating in similar activities
with other public or private agencies, organizations, and individuals.
4. Nothing in this MOU shall obligate any signatory party to obligate or transfer any funds,
nor does it supplement existing statutory authorities of the signatory party agencies.
This MOU, consisting of five (5) pages, represents the entire and integrated agreement
between the parties and supersedes all prior negotiations, representations, and agreements
concerning this MOU, whether written or oral.
VI. EXECUTION, MODIFICATION, AND TERMINATION
It is mutually agreed and understood by all signatory parties that:
1. Any signatory party may withdraw from this MOU at any time. A party is encouraged to
provide a 60 -day advance written notice to the other parties.
2. Changes to the scope of this MOU shall be made by the issuance of a multilaterally
executed modification. These changes are to be mutually agreed upon between the parties
to this MOU, shall be incorporated by written instrument, executed and signed by all
parties to this MOU, and are effective as of the date of the last signature obtained.
3. This MOU may be executed in counterparts. A copy with the original signature pages
affixed will constitute the original MOU. The effective date shall be the date of the final
signatory party agency's signature, and the MOU shall remain in effect until modified or
dissolved.
4. This MOU is subject to the availability of funding and is intended to be guidance for the
respective parties. This MOU may not serve as the basis for any challenges or appeals.
5. Colorado Open Records Act (CORA). Any information and data furnished to the CDPHE
APCD, such as air quality data, collected under this Memorandum is subject to the
Colorado Open Records Act (24-72-201 to 24-72-309, C.R.S.).
6. RESPONSIBILITIES OF PARTIES. The subject parties intend to handle their own
activities and utilize their own resources, including the expenditure of their own funds, in
pursuing these objectives. Each party intends to carry out its separate activities in a
coordinated and mutually beneficial manner.
7. NON -FUND OBLIGATING DOCUMENT. Nothing in this MOU shall obligate the
subject parties to obligate or transfer any funds. Specific work projects or activities that
involve the transfer of funds, services, or property among the various agencies and
offices of the parties will require the execution of separate agreements and be contingent
upon the availability of appropriated funds. This MOU does not provide such authority.
Memorandum of Understanding
Between Weld County and CDPHE APCD for Air Quality Monitoring 3
Negotiation, execution, and administration of each such agreement must comply with all
applicable statutes and regulations.
8. ESTABLISHMENT OF RESPONSIBILITY. This MOU is not intended to, and does not
create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at
law or equity, by a party against any of the signatory parties, including but not limited to
Weld County, CDPHE APCD, their agencies, their officers, or any other person.
9. AUTHORIZED REPRESENTATIVES. By signature below, the signatory party certifies
that the individuals listed in this document as representatives of the signatory party are
authorized to act in their respective areas for matters related to this agreement.
10. GOVERNMENTAL IMMUNITY: CDPHE APCD and Weld County do not waive their
governmental immunity by entering into this MOU and retain all immunities and
defenses provided by law with respect to any action based on or occurring as a result of
this MOU.
11. The parties agree that the exclusive venue for any action related to the performance of
this agreement shall be in the City and County of Denver, Colorado.
12. Should a disagreement arise on the interpretation of the provisions of this agreement, or
amendments and/or revisions thereto, that cannot be resolved at the operating level, the
area(s) of disagreement shall be stated in writing by each party and presented to the other
party for consideration. If agreement on interpretation is not reached within thirty days,
the parties shall forward the written presentation of the disagreement to respective higher
officials for appropriate resolution.
VII. RELEVANT REFERENCES AND GUIDANCE DOCUMENTS
1. State of Colorado's "Ambient Air Pollution and Meteorological Monitoring Guidance",
http://www.colorado.gov/airqualitv/monitoring docs.aspx
VIII. CONTACTS
The contacts for each party to this agreement are:
Weld County
Technical/Administrative:
Tina Powell
Director Regional Communications
1551 N 17`h Avenue
Greeley, Colorado 80631
tpowell@weld.gov
970-400-2895
Bruce Barker
Weld County Attorney
P.O. Box 758
Greeley, CO 80632
Memorandum of Understanding
Between Weld County and CDPHE APCD for Air Quality Monitoring 4
bbarker@weldgov.com
970-400-4390
CDPHE APCD
Administrative:
APCD Fiscal Unit
CDPHE Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, CO 80246
cdphe apcd fiscal@state.co.us
Technical:
Erick Mattson
CDPHE Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, CO 80246-1530
(303) 910-5619
erick.mattson@state.co.us
IX. SIGNATURES
For CDPHE:
Digitally signed by Lisa
Lisa McGovern McGovern
Date: 2023.04.2816:13:19 -06'00'
Date:
NAME: Jill Hunsaker Ryan
TITLE: Executive Director
Colorado Dept. of Public Health and Environment
ATTEST:
Weld Co ty Clerk to the Bo
BY*
Deputy Clerk t the : oard
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair APR 2 4 2023
Memorandum of Understanding
Between Weld County and CDPHE APCD for Air Quality Monitoring
5
O2p.,1§ - ///
MEMORANDUM OF UNDERSTANDING FOR INSTALLATION OF AIR QUALITY
MONITORING EQUIPMENT AT PLATTEVILLE TOWER SITE (18490 COUNTY ROAD
38, LASALLE, COLORADO)
APPROVED AS TO SUBSTANCE:
Elected Official, Department Head, or Deputy Department Head
APPROVED AS TO FUNDING:
41)1000.
Chief Financial fficer, or Controller
APPROVED AS TO FORM:
County Attorney
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Cheryl Hoffman
Friday, May 19, 2023 2:26 PM
Tina Powell
CTB
RE: CTB Temporary Document - MOU with CO State Health Department
Thanks, Tina and we'll also add that you fast -tracked this document.
Enjoy your weekend.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
//)-"7.9cm.
From: Tina Powell <tpowell@weld.gov>
Sent: Friday, May 19, 2023 2:23 PM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: RE: CTB Temporary Document - MOU with CO State Health Department
Here you go! Thanks!
Tina Powell, CPE
Director of Public Safety Communications
Weld County Regional Communications Center
1551 N 17th Ave, Ste 2, Greeley, CO 80631
Desk: 970-400-2895
Cell: 970-646-3557
Communications: 970-350-9600 x4
Email: tpowell@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Monday, April 24, 2023 2:48 PM
To: Tina Powell <tpowell@weld.gov>
Cc: CTB <CTB@co.weld.co.us>
Subject: CTB Temporary Document - MOU with CO State Health Department
Good afternoon, Tina,
Attached please find a copy of the MOU approved by the Board during this morning's hearing. Once you obtain Jill
Hunsaker Ryan's signaturm, would you please forward a copy to CTB for commissioner records?
Thanks so much!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
2
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